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senate Bill S8158

Signed By Governor

2015-2016 Legislative Session

Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildi

Archive: Last Bill Status
Via A10740 - Signed by Governor

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S8158 - Details

S8158 - Summary

Requires school districts and boards of cooperative educational services to conduct periodic testing of school potable water sources and systems to monitor for lead contamination in certain school buildings; provides additional aid to such districts and boards for the costs incurred due to the testing of such potable water sources and systems containing an unacceptable amount of lead.

S8158 - Sponsor Memo

BILL NUMBER: S8158
TITLE OF BILL : An act to amend the public health law and the
education law, in relation to potable water testing and standards in
schools
PURPOSE :
The purpose of this bill is to ensure that drinking water in schools
is safe and free of lead contamination by requiring testing of potable
water sources and systems through regulations established by the DOH
and SED.
SUMMARY OF PROVISIONS :
§ 1 amends the public health law by adding a new section 1110, which
directs the Department of Health in consultation with the State
Education Department to promulgate regulations requiring school
districts to test potable water sources and systems for lead. The
section also provides general guidelines for the regulations and
reporting of test results.
§ 2 amends section 3602 of the education law by adding subdivision
6-h, which authorizes the Commissioner of the State Education to
authorize funding to cover the expense related to testing and
remediation of potable water sources and systems.

§ 3 amends subdivision 6-e of section 3602 of the education law, to
permit additional apportionment of building aid for building condition
surveys of school buildings.
§ 4 states that the Commissioner of Health and the Commissioner of
Education shall submit a joint report on the initial results of tap
water testing of public schools to the Governor, temporary president
of the Senate and the Speaker of the Assembly by December 1, 2016.
§ 5 is the effective date
JUSTIFICATION :
Concerns over lead contamination in drinking water have gained
national attention recently due to the contamination in Flint,
Michigan. In New York State, concerns over lead contamination in
school drinking water became prominent after a number of schools were
forced to shut down drinking water sources after tests showed levels
of lead over acceptable Federal levels.
Studies show that lead poisoning is most detrimental to young
children, who absorb lead faster than adults. High lead blood levels
can damage a child's ability to learn and cause brain damage. Most
state and federal laws and regulations focus on the testing of
children for lead poisoning, but not the environments where they spend
the most time outside of their home.
There are two federal rules that address lead in the drinking water,
the Lead Contamination Control Act (1988) and The Lead and Copper Rule
- LCR (1991, amended in 2000). These rules provide guidelines for the
testing of water for lead contamination. For schools, those guidelines
are recommendations and are not mandatory.
Recent incidents of lead contamination have been found to take place
within schools buildings, where the testing and remediation is left up
to the school districts. This bill will ensure that regular testing is
completed and ensures that parents, teachers and others are notified
of testing and the results in a timely manner. The bill also allows
school aid to be used for the testing and remediation of lead
contamination in school districts.
LEGISLATIVE HISTORY :
None
FISCAL IMPLICATIONS :
None
EFFECTIVE DATE :
The act shall take effect on the ninetieth day after it shall have
become a law; provided, however, that effective immediately, the
commissioner of health shall be authorized to promulgate any and all
rules and regulations necessary to implement the provisions of this
act on its effective date.

S T A T E O F N E W Y O R K
________________________________________________________________________
8158
I N S E N A T E
June 17, 2016
___________
Introduced by Sens. O'MARA, MARCELLINO, AKSHAR, AMEDORE, BONACIC, BOYLE,
DeFRANCISCO, FARLEY, FELDER, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIF-
FO, HANNON, LANZA, LARKIN, LAVALLE, LITTLE, MARCHIONE, MARTINS,
MURPHY, NOZZOLIO, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD,
VENDITTO, YOUNG -- (at request of the Governor) -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules
AN ACT to amend the public health law and the education law, in relation
to potable water testing and standards in schools
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
1110 to read as follows:
S 1110. SCHOOL POTABLE WATER TESTING AND STANDARDS. 1. IN ADDITION TO
SCHOOL DISTRICTS ALREADY CLASSIFIED AS A PUBLIC WATER SYSTEM UNDER PARTS
141 AND 142 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH
REGULATIONS MAY, FROM TIME TO TIME, BE AMENDED, EVERY SCHOOL DISTRICT
AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL CONDUCT PERIODIC
FIRST-DRAWN TAP TESTING OF POTABLE WATER SYSTEMS TO MONITOR FOR LEAD
CONTAMINATION IN EACH OCCUPIED SCHOOL BUILDING UNDER ITS JURISDICTION AS
REQUIRED BY REGULATIONS PROMULGATED PURSUANT TO THIS SECTION. THE TEST-
ING SHALL BE CONDUCTED AND THE RESULTS ANALYZED BY AN ENTITY OR ENTITIES
APPROVED BY THE COMMISSIONER.
2. WHERE A FINDING OF LEAD CONTAMINATION IS MADE, THE AFFECTED SCHOOL
DISTRICT SHALL: (A) CONTINUE FIRST-DRAWN TAP WATER TESTING PURSUANT TO
REGULATIONS PROMULGATED PURSUANT TO THIS SECTION; (B) PROVIDE SCHOOL
OCCUPANTS WITH AN ADEQUATE SUPPLY OF SAFE, POTABLE WATER FOR DRINKING AS
REQUIRED BY RULES AND REGULATIONS OF THE DEPARTMENT UNTIL FUTURE TESTS
INDICATE LEAD LEVELS PURSUANT TO REGULATIONS PROMULGATED PURSUANT TO
THIS SECTION; AND (C) PROVIDE PARENTS OR PERSONS IN PARENTAL RELATION TO
A CHILD ATTENDING SAID SCHOOL WITH WRITTEN NOTIFICATION OF TEST RESULTS
AS WELL AS POSTING SUCH TEST RESULTS ON THE SCHOOL DISTRICT'S WEBSITE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12093-02-6

S. 8158 2
3. FIRST-DRAWN TAP TESTING SHALL NOT BE REQUIRED FOR SCHOOL BUILDINGS
THAT HAVE BEEN DEEMED "LEAD-FREE" AS DEFINED BY SECTION 1417 OF THE
FEDERAL SAFE DRINKING WATER ACT.
4. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION, SHALL PROMULGATE REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS
SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE REGULATIONS PROMULGATED WITH REGARD TO LEAD LEVELS SHALL BE CONSIST-
ENT WITH THE REQUIREMENTS FOR THOSE SCHOOL DISTRICTS CLASSIFIED AS A
PUBLIC WATER SYSTEM UNDER PARTS 141 AND 142 OF TITLE 40 OF THE CODE OF
FEDERAL REGULATIONS AS SUCH REGULATIONS MAY, FROM TIME TO TIME, BE
AMENDED.
5. THE COMMISSIONER MAY GRANT A WAIVER FROM THE TESTING REQUIREMENTS
OF THIS SECTION FOR CERTAIN SCHOOL BUILDINGS, PROVIDED THAT, THE SCHOOL
DISTRICT HAS SUBSTANTIALLY COMPLIED WITH THE TESTING REQUIREMENTS AND
HAS BEEN FOUND TO BE BELOW LEAD LEVELS AS DETERMINED BY REGULATIONS
PROMULGATED PURSUANT TO THIS SECTION FOR SUCH BUILDINGS.
6. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
CONDUCTING TESTING PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND EACH
SCHOOL DISTRICT CLASSIFIED AS A PUBLIC WATER SYSTEM UNDER PARTS 141 AND
142 OF TITLE 40 OF THE CODE OF FEDERAL REGULATIONS, AS SUCH REGULATIONS
MAY, FROM TIME TO TIME, BE AMENDED, SHALL MAKE A COPY OF THE RESULTS OF
ALL SUCH TESTING AND ANY LEAD REMEDIATION PLANS AVAILABLE TO THE PUBLIC
ON ITS WEBSITE AND ANY ADDITIONAL MEANS AS CHOSEN BY SUCH DISTRICT. A
COPY OF THE RESULTS OF ALL TESTING SHALL ALSO BE IMMEDIATELY TRANSMITTED
TO THE DEPARTMENT AND STATE EDUCATION DEPARTMENT IN A FORMAT TO BE
DETERMINED BY THE COMMISSIONER AND TO THE COUNTY DEPARTMENT OF HEALTH IN
THE LOCAL JURISDICTION OF THE SCHOOL BUILDING. THE COMMISSIONER OF
EDUCATION, IN CONJUNCTION WITH THE COMMISSIONER, SHALL PUBLISH A REPORT
BIENNIALLY BASED ON THE FINDINGS FROM THE TAP WATER TESTING CONDUCTED
ACCORDING TO THE PROVISIONS OF THIS SECTION. SUCH REPORT SHALL BE SENT
TO THE COMMISSIONER, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, AND THE SPEAKER OF THE ASSEMBLY AND SHALL BE MADE AVAILABLE ON
THE DEPARTMENT'S AND STATE EDUCATION DEPARTMENT'S WEBSITES.
S 2. Section 3602 of the education law is amended by adding a new
subdivision 6-h to read as follows:
6-H. BUILDING AID FOR TESTING AND FILTERING OF POTABLE WATER SYSTEMS
FOR LEAD CONTAMINATION. IN ADDITION TO THE APPORTIONMENTS PAYABLE TO A
SCHOOL DISTRICT PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMIS-
SIONER IS HEREBY AUTHORIZED TO APPORTION TO ANY SCHOOL DISTRICT ADDI-
TIONAL BUILDING AID PURSUANT TO THIS SUBDIVISION FOR ITS APPROVED
EXPENDITURES, OTHERWISE INELIGIBLE FOR BUILDING AID, IN THE BASE YEAR
FOR THE TESTING OF POTABLE WATER SYSTEMS REQUIRED PURSUANT TO SECTION
ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW AND FOR THE INSTALLATION OF
FILTERS AND/OR OTHER EFFECTIVE REMEDIAL MEASURES FOR IMMEDIATE REMEDI-
ATION IN CASES WHERE A FINDING OF LEAD CONTAMINATION IS MADE PURSUANT TO
SUCH SECTION AND VERIFIED BY CONFIRMATORY SAMPLING, PROVIDED THAT THE
COST OF INSTALLATION OF SUCH FILTERS AND/OR OTHER EFFECTIVE REMEDIAL
MEASURES SHALL BE DEEMED AN APPROVED EXPENDITURE ONLY IF (I) SUCH
INSTALLATION AND/OR OTHER EFFECTIVE REMEDIAL MEASURES HAVE BEEN APPROVED
OR REVIEWED BY A PROFESSIONAL WITH EXPERTISE IN THE FIELD OF WATER QUAL-
ITY AND REMEDIATION AND (II) SUCH COST IS INCURRED PRIOR TO JULY FIRST,
TWO THOUSAND NINETEEN. SUCH AID SHALL EQUAL THE PRODUCT OF THE BUILDING
AID RATIO DEFINED PURSUANT TO PARAGRAPH C OF SUBDIVISION SIX OF THIS
SECTION AND THE ACTUAL APPROVED EXPENDITURES INCURRED IN THE BASE YEAR
PURSUANT TO THIS SUBDIVISION.
S. 8158 3
S 3. Subdivision 6-e of section 3602 of the education law, as amended
by section 10 of part A-1 of chapter 58 of the laws of 2006, is amended
to read as follows:
6-e. Additional apportionment of building aid for building condition
surveys of school buildings. In addition to the apportionments payable
to a school district pursuant to subdivision six of this section, the
commissioner is hereby authorized to apportion to any school district
additional building aid in accordance with this subdivision for its
approved expenses in the base year for building condition surveys of
school buildings that are conducted pursuant to this subdivision and
subdivision four of section thirty-six hundred forty-one of this arti-
cle. The amount of such apportionment shall equal the product of the
building aid ratio defined pursuant to paragraph c of subdivision six of
this section and the actual approved expenses incurred by the district
in the base year for each school building so inspected, provided that
the amount of such apportionment shall not exceed the building condition
survey aid ceiling, AND PROVIDED FURTHER THAT SUCH APPROVED EXPENSES
SHALL INCLUDE APPROVED EXPENSES FOR TESTING OF POTABLE WATER SYSTEMS FOR
LEAD CONTAMINATION PURSUANT TO SECTION ELEVEN HUNDRED TEN OF THE PUBLIC
HEALTH LAW. For surveys conducted in the nineteen hundred ninety-eight-
-ninety-nine school year, the building condition aid ceiling shall be
twenty cents gross per square foot of floor area. For surveys conducted
in the nineteen hundred ninety-nine--two thousand school year and there-
after, the inspection aid ceiling shall be twenty cents gross per square
foot of floor area, plus an amount computed by the commissioner in
accordance with regulations adopted for such purpose, on the basis of an
index number reflecting changes in the costs of labor and materials from
July first, nineteen hundred ninety-eight.
S 4. The commissioner of health and the commissioner of education
shall by December 1, 2016, submit to the governor, the temporary presi-
dent of the senate and the speaker of the assembly a joint report on the
initial results of the tap water testing of public school buildings
conducted pursuant to section 1110 of the public health law. Such report
shall identify the most common sources of lead contamination of the
potable water systems of such buildings and shall recommend specific
appropriate short- and long-term remediation measures to address such
contamination.
S 5. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the laws of
2011, is amended to read as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, INCLUDING
APPROVED EXPENSES FROM THE TESTING OF POTABLE WATER SYSTEMS OF OCCUPIED
SCHOOL BUILDINGS UNDER THE BOARD'S JURISDICTION AS REQUIRED PURSUANT TO
SECTION ELEVEN HUNDRED TEN OF THE PUBLIC HEALTH LAW, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess of thirty
thousand dollars shall not be such an approved expense, and except also
that administrative and clerical expenses shall not exceed ten percent
of the total expenses for purposes of this computation. Any gifts,
donations or interest earned by the board of cooperative educational
services or on behalf of the board of cooperative educational services
by the dormitory authority or any other source shall not be deducted in
determining the cost of services allocated to each component school
district. Any payments made to a component school district by the board
S. 8158 4
of cooperative educational services pursuant to subdivision eleven of
section six-p of the general municipal law attributable to an approved
cost of service computed pursuant to this subdivision shall be deducted
from the cost of services allocated to such component school district.
The expense of transportation provided by the board of cooperative
educational services pursuant to paragraph q of subdivision four of this
section shall be eligible for aid apportioned pursuant to subdivision
seven of section thirty-six hundred two of this chapter and no board of
cooperative educational services transportation expense shall be an
approved cost of services for the computation of aid under this subdivi-
sion. Transportation expense pursuant to paragraph q of subdivision four
of this section shall be included in the computation of the ten percent
limitation on administrative and clerical expenses.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
commissioner of health shall be authorized to promulgate any and all
rules and regulations necessary to implement the provisions of this act
on its effective date.

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